Perfect 10, Inc. v. CCBILL, LLC
Opinion
Opinion
Baird, J.
ORDER GRANTING, IN PART, AND DENYING, IN PART, DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT
I. INTRODUCTION
Defendants Internet Billing Co., LLC (“IBill”), Internet Key, Inc. (“Internet Key”), Cavecreek Wholesale Internet Exchange (“CWIE”), and CCBill, LLC (“CCBill”) have filed the instant motions for partial summary judgment of Perfect 10, Inc.’s (“Perfect 10”) copyright, RICO, and state law claims based on safe harbors provided by the Digital Millennium Copyright Act (“DMCA”) and immunity provided by the Communications Decency Act (“CDA”). By this Order, the Court addresses the four motions for partial summary judgment.
II. FACTUAL AND PROCEDURAL HISTORY
A. Factual History
The facts are undisputed unless otherwise noted.
1. Perfect
Perfect 10 is the publisher of the adult entertainment magazine Perfect 10 and the owner of the website perfectl0.com. See II Zadeh Decl. at ¶ 2. Perfect 10 has created approximately 5,000 photographic images for display in its magazine and on its website. See id. at ¶ 17. Perfect 10 holds registered U.S. copyrights for these images. See id.; see also Compl. Exh. O (containing copies of the copyright registrations owned when the complaint was…